Research On The Punitive Compensation For The Tort Of Ecological Environment In China

Before the Civil Code came into effect,my country’s Tort Liability Law only provided compensatory compensation for environmental civil torts.Practice has proved that the scope of compensatory compensation for environmental civil torts is too narrow,and at the same time,it lacks sufficient deterrence against illegal pollution.It is necessary to incorporate ecological damage into the scope of protection of tort liability and introduce punitive compensation rules.Article 1232 of the "Civil Code of the People’s Republic of China" implemented on January 1,2021 indicates that the Tort Liability Law includes ecological damage in the scope of tort liability protection,and at the same time formally introduces punitive compensation rules in the field of ecological environmental civil torts,but the lack of detailed regulations for this rule requires further study.The punitive damages for eco-environmental infringement is a supplement to the original compensatory damages.Because of the private-law nature of tort liability and the characteristic of restoration responsibility for ecological environmental damage,the punitive compensation for ecological environmental infringement should only be applicable to civil private interest litigation.In terms of constitutive elements,further research is needed on the determination of "intention" and the definition of "serious consequences".The key factors for the determination of intention are "knowledge +pursuit" and "knowledge + laissez-faire",while the determination of intention should fully consider the perpetrator’s individual factors and adopt subjective standards.The definition of serious consequences is analyzed from two aspects: personal injury and property loss.The serious consequences of personal injury should reach the consequences of human disease,minor injury,disability and death.The serious consequences of the property loss must reach the level of causing a significant impact on the victim’s production and life,and the judge will determine it based on the individual circumstances.The punitive damages for eco-environmental infringement should be attributed to the infringed,and the calculation method should be based on the basis multiple method.The compensation base is still determined from both personal injury and property loss,and the amount of punitive compensation is less than twice the compensation base.In the trial process,the judge should comprehensively consider the infringer’s subjective fault,other property liabilities due to ecological environmental infringement,the amount of profit,the consequences of damage,and the social impact and other related factors to reasonably determine the punitive damages multiple.Punitive compensation liability and ecological environment restoration liability,administrative fines or criminal fines can be used together.At the same time,when the infringer is sentenced to bear the responsibility for ecological restoration,administrative fines or criminal fines,the corresponding punitive damages can be applied to a relatively low multiple of punitive damages,and the defendant can also be sentenced to bear civil punitive damages first.Appropriately reduce the administrative fines or criminal penalties imposed on infringers.